King City, CA Bankruptcy Law Firms & Lawyers

If I understand your question, you want to re-open your case to cancel a reaffirmation agreement you previously signed and was approved by the Court. Unfortunately, no. You have until wither 60 days after the reaffirmation is filed or until your discharge is granted to back out of it. Once the discharge is granted the reaffirmation agreement cannot be cancelled.

Bankruptcy will prolong the eviction. It will stop it until the new owner obtains permission from the bankruptcy court to proceed with the eviction. How soon and how easily the new owner can obtain permission to evict you from the bankruptcy court depends on the status of the eviction in the California court. If the new owner already has an order for possession from the Superior Court, then he or she can quickly obtain relief of stay (permission) from the bankruptcy court to have the Sheriff execute the order for possession. You should have fought your claim that you owned the house in the eviction case in the California Superior Court. It might be too late to bring that up in the bankruptcy court. You need to discuss this with a local bankruptcy attorney and might need a real estate attorney also if you have a strong claim about having bought the house and not received a deed from the seller (your landlord). Unless you can prove that the new owner had notice or should have known that you had purchased the house, it will be difficult to oppose the eviction by the new owner on that basis. You might be able to sue the landlord for your damages. Filing bankruptcy just to prolong an eviction is risky and should be carefully considered only after consultation with an experienced loca bankruptcy attorney. Many things need to be considered and not just the eviction in the decision as to the best legal option.

There is no co-debtor stay in a Chapter 7 and no co-debtor discharge in a Chapter 7 or a Chapter 13. So if you are also legally responsible for the debts, then the creditor can come after you for payment. You should check back with the bankruptcy attorney who filed your husband's bankruptcy to make sure you have legal responsibility for the debts.